ICANN POLICY

Background

One of the new conditions added to the agreementRAA provides that ICANNdevelopments, previous consultation of registrars, a Web page that identifies the rights and responsibilities of registrant. This published document is the result of the initial input of a work group joint of theGNSO Council e the At-Large Advisory Committee and subsequent consultations with the registrars; the document presents a summary in '' common language '' of the rights and responsibilities of the registrant currently provided for in the agreement RAA 2009.

Introduction

This document provides a summary of the terms relating to rights and in the ''common language'' the responsibilities of the registrants provided for by Accreditation agreement of registrars(RAA, Registrar Accreditation Agreement) for publication on the registrars' websites. Though some terms included in this document do not specifically refer to registrants, they have been included because they are important for understanding the relationships between registrars and registrants required by the specifications and policies on the consent ofICANN, that I am incorporated into the agreementRAA. The summary of terms within this document should not be considered as substitute for the terms defined in the agreementRAA or in its specifications and policies.

Preamble

In order to register a domain name, the owner of a registered name (also known as registrant) must use the services of an accredited registrarICANN. To obtain accreditationICANN, the registrar must enter into a contract withICANN(Accreditation agreement of registrarsRAA). The agreement RAA defines the rights and responsibilities of registrants. The latter are also subject to additional responsibilities and rights defined in separate policies and specifications ofICANN,that are accepted and respected by the registrars. The agreement RAA and related policies are defined with very specific terminology and often of a legal nature. To allow the egistrant to better understand the responsibilities and rights deriving from registration of a domain name, we have created this summary document. The summaries provided here are not they must be considered as substitutes for the actual terms included in the agreementRAA or in related policies and specifications.

Important terms related to the agreementRAA

Because the agreement RAA it is stipulated between ICANNand a registrar, no one (including the registrant) can sue ICANNor register for violation of the agreementRAA. Registrars can not claim the ability to offer registrants quality access higher thanTLD compared to other registrars. Some of the obligations of the registrars depend on the respect of some duties by the owners of registered names, in particular with regard to the payment of registration fees, sending to the registrar the necessary data points and sending accurate data and updating timely provision of such mandatory data. Even the registrars have specific responsibilities for Notice to owners of registered names, such as sending notifications at the end of a registration period and regarding the use of the personal data of the owner of the registered name, sending notices regarding the deposit of data to third parties for domain names registered through proxy or privacy registration services, as well as the publication of rates for the recovery of registered names. Sending of registrar data to registry operators For eachTLD,the registrars must sendsome data related to each registered name within aTLD:

Typically, owners of registered names must provide the registrar with information about name server(3.2.1.2 – 3), as well as any additional data indicated in section 3.2.1.6. If the owner of the first name registrato invia un aggiornamento di questi punti di dati, il registrar ha cinque (5) giorni per forward the update to the registry operator. Whois data Registrars must have an interactive Web page and a Whois 43 port service available for free to the public for research. In the agreement RAA vengono specificati alcuni punti di dati che è necessario fornire in risposta a una ricerca:

The name and postal address of the owner of the registered name(3.3.1.6)

The name, postal address, e-mail address, telephone number and (if available) the fax number of the technical contact for the registered name(3.3.1.7)

The name, postal address, e-mail address, telephone number and (if available) the fax number of the administrative contact for the registered name(3.3.1.8)

These data points are commonly referred to as Whois data. As explained below, i Registered name owners must provide the registrars with timely updates of Whois data of a registered name. Upon receipt of the update, the registrar must update '' immediately '' Whois data. Registrars can contract the management of the function public research. According to the terms of the agreement RAAthe Registrars can grant third parties mass access to Whois data. In case of access of mass or access to the Whois data via the public search function, the registrardeve limitare l'accessothe Registrars can grant third parties mass access to Whois data. In case of access of mass or access to the Whois data via the public search function, the registrarRAA, including marketing and mass requests. If the public search function is contracted to a part external, the registrar must ask the contractor to provide the door 43 service so impose the same restrictions on access and use of Whois data.Communications with registered names owners The registrars must record and retain all communicationswith owners of registered names and information provided to registry operators.Filing of data of owners of names registered with third parties A registrar mustcreate and manage a database of all Whois data for all names registered by accreditation the registrar and all the data sent to the registrar operator. Furthermore, the registrar must include in the database the name and (if available) the postal address, the e-mail address, the number phone number and the fax number of the billing contact for each registered name. In some cases, a registrant can choose to limit the personal information made available by a register in a Whois research. To this end, the name could be registered via a service of privacy, allowing the registrant to hide personal information and replace it, often with the information of the privacy service. Customers can also choose to register names through a proxy service, where the proxy service is the owner of registered names that licenses the customer to use the domain name. In this case, the proxy service (ie the owner of registered names), has the list of information for most part or all the necessary data points. Registering a name through a proxy or privacy registration service affects information entered into the database and a registrarmust perform one of the following two actions:(1) include the name, address in the database postal address, e-mail address and telephone number provided by the customer for each registration, even if registration using proxy or privacy has been used; or (2), if a customer chooses a proxy or privacy registration service, display a notice in which we inform you that the customer data are not deposited with third parties. If a customer's data does not they are deposited with third parties, only the contact information associated with the proxy or privacy registration service. If a customer's data is not stored at third parties and only the proxy or privacy information is managed in the database in the case of problems of the registrar or of the register, the future warnings could be sent only to the contact information within the database.Trade relations of registrars with registrantsThe agreementRAA provides for different requirements regarding commercial relationships of registrars, including relations with registered names owners. A registrar can activate a registered name only after having received a plausible guarantee from the owner of registered names of the payment of the registration fee. In the agreement RAA the actions that can be undertaken by the registrar are definedend of the registration period if the owner of registered names has not granted the consent to the renewal of the registration, including the cancellation of registration by the register at the end of the current registration period. If the owner of registered names does not has granted the consent to the renewal, the registrar must make sure that the registered name comes deleted from the registry database within 45 days of the expiry of the registration period. The right of the registrar to cancel the registration and the obligation to delete the name of domain are not absolute. Insection 3.7.5.1agreementRAAis including a list of possible '' mitigating '', which, if they occurred, would allow the register to renew the domain name even without the consent of the name owner sign in. This applies, for example, if the registered name is subject to an actionUDRP, to an ordinance of the court, a bankruptcy process or a billing dispute. The registrar must record the reasons for renewal of a registration without the consent of the owner of names sign in. Registrars must inform new registrantsson their policies of elimination and automatic renewal.If during the period of validity of the registration contract the elimination policies applied by the registrar change, the registrar must do its best to inform the registrants of the changes. The details of the elimination and automatic renewal policies must be displayedon all websites where the registrar operates for registration and renewal of domain names. The registrar must alsoindicate on these sites any accredited costs for the recovery of a domain name during the redemption-grace period (the 30-day period during which the name remains in the state '' in waiting for deletion '' in the register). 1 If a registered name is subject to onedispute UDRPat the moment of the elimination or expiry of the registration, the user object of the dispute has the right to renew (or recover, in case of deletion) the domain name. In case of renewal or recovery of the name, the registrar must put the name in the HOLD state (suspended) or LOCK (locked) 2 and must modify the Whois information in to indicate that the name is subject to a dispute. Insection 3.7.5.7 dell'accordo RAAit is included also the right for the original registrant of the domain name to recover or renew the name if the disputeUDRP vis terminated without a decision or the decision is in its favor. The agreement between registrar and registrant The registrarsmust sign electronic or paper registration agreements with all registered name owners. According to the agreementRAA, the agreement between registrars and registrants must include at least the following elements (as indicated in the sections 3.7.7.1 – 12agreementRAA):

The owner of registered names must provide reliable and accurate contact information and must "correct and update them in a timely manner" during the duration of the recording. The required details, as indicated in section 3.7.7.1, are as follows: '' il full name, postal address, e-mail address, telephone number and fax number (if available) of the owner of domain names; the name of the contact person authorized, if the owner of registered names is an organization, an association or a company; and the data listed in subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8. ''

Intentional sending of inaccurate or unreliable information from the owner of registered names, failure to promptly communicate updates to information or failure to respond to registrar requests regarding the accuracy of the details of contact within fifteen (15) days are violations of the agreement that could lead to cancellation of registration.

All users included as registered names owners must provide information of complete contact that will be recorded in the database. Sometimes a name owner register a domain name and then allow another person to use this name (for example, a website developer who registers a domain name for a customer). In this case, if the person who actually uses the name does not have signed the agreement between registrar and registrant (referred to as '' third party '' in the agreementRAA), the owner of names Registered could be held responsible for incorrect use of the domain name from third parties. This happens if the owner of registered names is provided with 'evidence irrefutable of legally punishable damages '' deriving from the use of the domain name from third party. In such situations, the owner of registered names must 'accept the liability for damages resulting from incorrect use of the registered name '', a unless it is able to identify the user's identity and the related ones contact info.

The registrar must communicate how he intends to use the data provided by the owner of the names register and who will receive this data. The registrar must also communicate how i registered names owners can access and update data. Furthermore, the registrar must identify the data points that the owner of registered names must provide and the information that can be provided voluntarily. The owner of names Registered must grant consent for all these terms for processing the data.

If an owner of registered names provides the registrar with personal data on behalf of persons that have not signed the agreement between registrars and owners of registered names (the third part '' indicated above), the owner must confirm that (1) provided to the third party part of the same data processing information provided by the registrar and which (2) received the same consents from the third part regarding the terms of data processing of the registrar.

A registrar can process the data of the owner of registered names only according to how much indicated in the data processing information described above.

Owners of registered names must declare that: '' based on their knowledge, neither the registration of the name or the way in which it is used, directly or indirectly infringe the legal rights of third parties. '' This means that the owner of registered names must declare to the registrar that the domain name does not come registered for uses that would violate the legal rights of others. An example of a '' violation '' it could be the registration of a domain name that violates a trademark or the copyright of someone who is not the owner of registered names. 3

In the event of a dispute concerning the use of the registered name, the owner of names registered must be subject to the jurisdiction of the courts of at least one of the two places following: the place where the registrar is located (often referred to on the website or in the agreement between registrars and owners of registered names) or the 'domicile of the owner of names sign in''. '' Domicile '' is a term with specific legal meaning, but in general corresponds to the place indicated by the owner of names registered in the personal data provided to registrar. To be under jurisdiction means that the owner of registered names accepts that the courts of these places have the power to make decisions on these types of cases.4

The owner of registered names must accept that registration is subject to '' suspension, cancellation or transfer '' for the reasons set out in section 3.7.7.11. These reasons include: if required by a specification or policy adopted byICANNor if required from a registrar or 'register' procedure to correct errors committed by the registrar from the register operator in the registration of the name or for the resolution of disputes relating to the registered name ''. For example, theUDRPit is a policy adopted byICANNwhere specifies that an administrative court in which a dispute over a name is discussed domain could order suspension, transfer, or deletion of a name domain and owner of registered names must accept this possibility.

The owner of registered names must "compensate and relieve all responsibility the registrar operator and their respective directors, officers, employees and agents for any claims, damages, liabilities, costs and expenses (including legal fees) arising from / relating to the registration of the domain name of the owner of registered names. '' In the simplest form, this means that if the registrar operator (or his employees and so on) for the registered name is sued because of the registration of the domain name of the owner of registered names, the latter will have to compensate the registry operator for all expenses incurred for the defense and for any judgment or recognized responsibility. This '' compensation '' is not limited only to cases resolved in court.

Verification of contact information As described in the details below, specifics and policies applied to registrar. Some of these specifications or policies may concern the obligation of a registrar to verify the contact information provided by the owner of names registered during the registration and to define irequirements for further periodic checks. The registrars must also undertake the ''due to actions"to check the contact information ifsomeone inform the record that the information of a registered name is not accurate. The registrar also has the obligation to take the necessary steps to correct inaccuracies in the information contact he becomes aware of, even if such inaccuracies have not been reported by anyone. The registrar must alsoto preserve his contact information, including a valid e-mail address and postal address. This information must be published on the registrar's website. Agreements with retailers The agreement RAAexpected obligations for registrars working with third-party resellers, or people or entity with which the registrar stipulates contracts for the provision of services of the registrar. The provisions of the agreementRAA now provide that the registrars include specific elements in the agreements between registrars and resellers, including: preventing the retailer from declaring that it is accredited by ICANN,request that all dealer registration agreements include all the conditions that the registrar must include in the agreement between registrars and owners of registered names, request the publication of all links on all websitesICANNon which the registrar is obliged to publish and identify the sponsor registrar. Where a customer use a reseller proxy or privacy registration service to register a domain name, the reseller must make sure to perform one of the following three actions: (1) deposit the identification and contact information of the customer at the registrar; (2) deposit identification and contact information from third parties or (3) send a notice to customer to inform him that the contact information is not deposited with third parties. The agreementRAA palso revises that the registrar undertakes the necessary compliance actions and imposition of terms if a retailer violates the established terms.

Other policies / specifications

Secondo la policy for the accuracy of the restored names (http://www.icann.org/en/registrars/rnap.htm),when a registrar restores a name (from the redemption-grace period) that has been deleted due to false contact data or if the registrar's requests are not answered, the name must be placed in the Registrar Hold status (suspended by the registrar) until until updated and accurate Whois information is provided. In addition to the requirement of the agreementRAAaccording to which an owner of domain names must declare that, according to his knowledge, neither registration or use of the domain name infringes the legal rights of third parties parts, the policy of resolving disputes over uniform domain names("UDRP", Uniform Domain Name Dispute Resolution Policy) provides that the same declaration is made, in addition to the declaration that the domain name is not registered for illegal purposes and that it will not be used for violate applicable laws. PoliticsUDRPalso provides that owners of registered names are subject to mandatory administrative procedures for the resolution of disputes relating to'UDRP. These mandatory procedures, as described in the policy UDRP,concern disputes submitted to one of the dispute resolution company approved by ICANN(and listed on the site http://www.icann.org/en/dndr/udrp/approved-providers.htm)and according to the rules for administrative procedures UDRP (defined on the site http://www.icann.org/en/dndr/udrp/uniform-rules.htm). The obligation to comply with mandatory administrative procedures does not mean that the owners registered names can not be subject to court procedures for the same conduct or for a similar conduct. As for the jurisdictional requirements set by the agreementRAA, the obligation to submit to a procedure mandatory administration means that the owner of registered names can not put questioning the capacity of the authorized company UDRP to handle a dispute that falls under the'UDRP. There policy concerning the transfer of registrations from one registrar to another grants names owners register the right to transfer registrations of domain names from one registrar to another. Transfer policy imposes time limits for a registrar's response to a request transfer. The right of transfer is not absolute; some policiesICANNand of the register may impose limits on the right to transfer, including: limits on when it is possible transfer a domain name (based on the creation date or a previous transfer) and the delivery to the registrar of the necessary documentation and authorization by the owner of registered names for review. The authorized registrar can deny a transfer only in the following cases:

Trial of scam

ActionUDRP

Order of the court by a court of competent jurisdiction

Reasonable dispute over the identity of the owner of registered names or the administrative contact

Non-payment for the previous registration period (including card charge-back of credit) if the expiry date of the domain name has been exceeded or for the previous or current registration period, in case the domain name was not yet expired. In all these cases, however, the domain name must be put in the state '' Registrar Hold '' (suspended by the registrar) from the authorized registrar before denying the transfer

Objection in writing to the transfer by the contact for the transfer (for example, e-mail, fax, paper document or other processes through which the contact for the transfer has expressly and voluntarily indicated its objection by opt-in)

A domain name already in the '' block '' state, provided that the registrar provides the owner of registered names with an easily accessible and reasonable means of removing the lock status...

The transfer was requested within 60 days from the date of creation, as indicated by the Whois data in the registry for the domain name

Less than 60 days (or a shorter period to be determined) have passed since the transfer of a domain name (with the exception of transfer to the original registrar if both registrars agree and / or if a transfer is requested after a dispute resolution process)

2 For domain name states, formal technical names are used, resulting from the draft community-based comment request on the Internet. The necessary states are defined by the registrar. If a registration is in one of these states, it is not possible to delete the domain or modify the registration. To be able to make changes, the registrar must change the status....

3There are many other ways to '' infringe upon the legal rights '' of others and potential owners of domain names are invited to contact an independent source of advice if they are concerned that a registration or use of a domain name may violate rights of someone else.

4 There may also be other jurisdictions that can resolve a dispute over the use of a registered name, but these are not specified in the agreement...RAA.